The plaintiff had been badly injured and was not expected to live long. When his claim for damages was almost ready for trial, his lawyers requested an adjournment. It was not possible for a live plaintiff to claim damages for his ‘lost years’. They realised that, if judgment were to be given before he died, it would not be possible for dependants to claim in respect of their dependency. He would recover much less than would be recovered by his estate and dependants after his death. At the hearing of the application to adjourn the trial, there was no dispute as to the effect of judgment before the death and no dispute as to entitlement of the widow to bring another action for loss of dependency if the plaintiff died before his action was brought to judgment.
Held: The court granted the adjournment requested as an exercise of discretion. Lord Denning MR said that if the action were disposed of in the plaintiff’s lifetime, the dependants would have no separate action for their own benefit, but if the trial were deferred until after the death, his own action would continue for the benefit of his estate and in addition, his dependants could bring an action under the FAA. He said: ‘The two actions can be combined’.
Lord Denning MR
[1972] I Lloyds Rep 6
England and Wales
Cited by:
Cited – Reader and others v Molesworths Bright Clegg Solicitors CA 2-Mar-2007
The claimants were children of the victim of a road traffic accident. The solicitors were conducting a claim on his behalf for damages, but when he died, they negligently discontinued the action.
Held: The claimants’ action as dependants of . .
Cited – Pickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 30 November 2021; Ref: scu.252562
